Assault Flashcards
Elements of Assault
Crimes Act s.61
- Accused
- Assaulted
- intentionally or recklessly
- without consent
- without lawful excuse - A person
Assault definition
Intentionally or recklessly threatens another person with immediate and unlawful violence. Must arouse a reasonable apprehension of immediate unlawful physical violence in the mind of the victim.
Elements of assault occasioning ABH
Crimes Act s.59
- Accused
- Assaulted
- intentionally or recklessly
- without consent (cannot consent to ABH)
- without lawful excuse - A person
Legal defences to assault
- Self defence
- Accidental
- With consent e.g. sports
- Medical procedures
- Defence of lawful correction
- Blood samples/forensic procedures
- Defence of family
- Defence of home or property
- Lawful arrest
Elements of Violent Disorder
Summary Offences Act s.11A
- 3 or more people using or threatening unlawful violence
- Conduct of them taken together would cause fear of safety to those present
- Each of the persons is guilty of the offence
Elements of Affray
Crimes Act s.93C
- 1 or more people
- Used or threatened violence towards another person
- Conduct of accused would cause person to fear for personal safety
Elements of Riot
Crimes Act s.93B
- 12 or more persons together
- Used or threatened unlawful violence for a common purpose
- Conduct taken together would cause fear for safety
- Accused was one of those present who used unlawful violence
Differences between
- Violent Disorder
- Affray
- Riot
Violent Disorder
-3 or more (conduct taken together)
-Use or threaten violence (incl. words alone)
-Towards persons or property
(10 penalty units or 6 months imprisonment)
Affray
-1 person or more
-Use or threaten violence - must be more than just words
-Must be toward another person – (Not property)
(10 years imprisonment)
Riot -12 or more, -Defendant must use violence -Common purpose, towards person or property (15 years imprisonment)
Elements of Sexual Act
Crimes Act s.61KE
- Accused
- Knowing the victim does not consent
- Intentionally
- Carried out a sexual act
- Towards the victim(s)
Elements of Sexual Touching
(Crimes Act
s. 61KC - Adult
s. 66DA - Child u10
s. 66DB - Child 10-u16 yrs)
- Accused
- Sexually touches the victim
- Without consent
- Knowing the victim does not consent
- Consent elements do not apply to those under 16
Circumstances of Aggravation for sexual acts and sexual touching
- in the company of other person(s)
- victim is under the authority of the offender
- victim has serious physical disability
- victim has cognitive impairment.
Elements of Sexual Assault
(Crimes Act
s. 66i - Adult
s. 66A - u10
s. 66C - 10-u16)
- Accused
- Has sexual intercourse with another person
- Without consent
- Knowing that the person does not consent
-Consent elements do not apply to those under 16
Circumstances of Aggravation for sexual assault
- intentionally/recklessly inflicts ABH on victim or other person nearby
- threatens ABH to victim or other person nearby with offensive weapon or instrument
- as above with GBH
- in company of other person(s)
- victim is u16
- victim under authority of offender
- victim has serious physical disability
- victim has cognitive impairment
- offender breaks and enters to commit or with intent to commit
- deprives victim of liberty before or after offence
1 - Criminal Complicity
2 - Common Purpose
3 - Acting in Concert
1 - 2 or more people involved in criminal act
2 - Agree to commit crime together, therefore all liable
3 - Agreement to commit crime turns in to actually committing the crime together
4 major types of abuse/neglect in children
1 - physical
2 - sexual
3 - psychological/emotional
4 - neglect
